Author(s) Telma Maria dos Santos Fernandes
Advisor(s) Mário João Ferreira Monte
Synopsis This thesis aims to determine if the practice of application of criminal law, in particular concerning to penal typicality, follows the provisions of law when the first line of intervention process is made by the police. The work now presented will try to follow this points to fulfill the purpose to which it is projected: • Brief description of the several thought schools about the crime theory; • Dissect the elements of the crime included the theory of it; • Describe the current core of criminal proceedings in administrative terms from the effective practice of the criminal act; • Demonstrate that judicial activity today is only a small part of the criminal judicial practice; • Check if the police practice goes beyond the mission assigned to it by law, assuming sometimes functions of the Public Prosecution Service especially without the appropriate delegation of powers; • If the point above shows it as true, find solutions to reconcile the police practice and legal limitations.
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